Alderson v. Fatlan

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Carman, and Karmeier concurred in the judgment and opinion.

OPINION

The plaintiffs, Robert and Wanda Alderson, filed an action in the circuit court of Will County in which they sought a declaration that they have surface rights to a water-filled quarry that is used for recreational purposes. Plaintiffs contended they are entitled to the reasonable use and enjoyment of the entire surface waters because they own a portion of the quarry bed. The circuit court granted summary judgment for plaintiffs, reasoning that the case was…